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Criminal Record Reporting Policy

Back Track Screening’s policies with respect to the reporting of criminal records are outlined below. These policies will help to ensure strict compliance with section 613 of the Fair Credit Reporting Act (FCRA).

Instant Database Records

Section 613 of the FCRA states that Consumer Reporting Agencies (CRA’s) are to “maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported, it is complete and up to date.”

Because database records are not updated on a regular basis and old records are not typically purged from databases, records reported in databases often have outdated or inaccurate dispositions. For example, an applicant might enter into a plea in abeyance for a felony in 2006. In 2007, the felony charges may be dismissed or reduced to a misdemeanor. A database search in 2010 may still report the record as a felony plea in abeyance even though the final disposition is dismissed or reduced to a misdemeanor. Instant databases may also inadvertently report expunged records which should have been removed.

How will this policy affect you?

Because Back Track Screening has a responsibility under the FCRA to report only accurate and up-to-date records to employers, all instant database records will be verified before they are reported to our customers. Additional charges may apply to ensure only completely accurate and up-to-date records are reported. The verification process includes but is not limited to:

1) Calling County court clerks in the jurisdiction of the reported offense for verification. Please note that not all jurisdictions release court records over the phone.

2) Ordering a County criminal search in the County(s) of the reported offense(s). This means County criminal search(es) may be added to reports for verification purposes. If a County search is required for verification, the regular County search fee will apply.

Customers who already utilize a County plus Instant database search method should notice little change. Customers utilizing a database only search method may experience a longer than average turnaround time and slightly higher costs on reports with possible records.

Please note that this policy is for your protection as an employer and our protection as a CRA. We appreciate the trust you have placed in us and take our reporting responsibilities very seriously. If you should have any questions, comments and/or concerns about this policy, please direct them to customer service.

Limiting the Reporting of Criminal Offenses to Seven Years

Back Track Screening limits the reporting of all criminal offenses to seven years.

Back Track Screening generally does not report traffic violations or traffic citations unless requested.

If you would prefer to receive criminal record cases beyond seven years, state law permitting, please let us know so that we may note your preferences in your account profile.

The following states limit the reporting of criminal offenses to seven years: CA, CO, KS, MD, MA, MT, NV, NH, NM, NY. Washington state limits the reporting of criminal offenses to ten years.

Reporting Dismissed Cases

Back Track Screening will report ‘dismissed’ cases except where prohibited by state law. Currently, CA, KY and NY prohibit the reporting of dismissed cases.

If you would prefer not to receive dismissed case information on your background check reports, please let us know so that we may note your preferences in your account profile.



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